You Have the Right to Stay Out of Jail

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Knowing Your Rights

Amendment IV – The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

○ Filming your encounter with police: ■ You may video and audio record police performing official duties in public.

● Officer may NOT: ○ Confiscate, demand to view, or delete without a warrant.

Individual may NOT: ■ Interfere with the officers’ duty [ex. “stand back!” do so] ■ Physically resist– if officer reaches for your device, do not resist, just report it.

Tricky Police: Police may legally lie, bluff, and intimidate you. ○ Most avoidable arrests occur from trickery and intimidation: ■ admission of guilt ■ consenting to a search. ○ Refusing a search or to answer incriminating questions are not:v ■ admissions of guilt ■ reasons to detain you ○ Miranda Rights are read only in “police custody” ■ visual: handcuffs ○ Common Police tricks: ■ Phrasing: ● “Have you had anything to drink tonight?” ○ Best response: “Respectfully officer, I don’t have to answer that.” ● “Not answering is suspicious, why are you resisting?” ○ Best Answer: “I’m not resisting, respectfully, I don’t have to answer anything.” ● “If you have nothing to hide, you don’t mind if I look around.” ○ Best response: “I’m sorry Officer, but I don’t consent to searches.” ● “If you refuse a search, I’ll have to call a K-9 unit.” ○ Best response: “Officer, are you detaining me, or am I free to go?”

Breath Tests to Determine BAC ○ Do you HAVE to take it? No, you have the right to refuse. ■ Be warned, refusal is an automatic, irreversible suspension of license (in every state) ○ Blood tests are more accurate, and require a warrant ○ Breathalyzers are tuned to the “avg” person ■ False positive factors: ● Smaller people ● Small lung capacity ● Diabetes ● Acid Reflux (GERD) ● Low-Carb Diet ● Inhalers ● Fumes (ex. paint, Ethanol gas) ● Roadblocks ○ DUI – Legality: protection from “imminent public danger” ■ Same rules as any other traffic stop

Border Patrol ■ Legal search – Agents may legally search anything without warrant ○ Drugs (It’s a Trap!) ■ The Supreme Court ruled random checkpoints for finding drugs are unconstitutional. ● “We cannot sanction stops justified only by the generalized and ever-present possibility that interrogation and inspection may reveal that any given motorist has committed some crime.” ● “Drug Checkpoint in 1 Mile” [sign] is a police trap, do NOT exit. ○ (visual of the sign near an exit cops/dogs are at exit, not 1 mile down) ○ Pull people over for: ■ Illegal U-Turns ■ Littering ■ Suspiciously exiting

58 thoughts on “You Have the Right to Stay Out of Jail”

As it turns out, the cops don’t need to read you your rights. It’s actually only needed if they plan to take you somewhere and question you. Some psychotic little creep has a restraining order against me and he comes up with new and exciting ways to file police reports against me, every time he’s in town. Since the cops don’t give a damn about the truth, I’ve decided never to speak to them again. I will only talk through a lawyer. You do have the right to not answer their questions. Nobody ever informs you of this. You have the right to tell them you won’t consent to searches, you have the right not to go outside to talk to them or let them in the house (unless they have a warrant you can see, of course), and you have the right to not answer any of their questions. They aren’t usually talking to you because they want to know “your side of the story”, they want to pin something on you. Just admitting you were in the same area as a spiteful liar gets you in trouble with the law. I’ve also read that they can lie through their teeth to you, but you can’t legally return the favor.

Great information! You guys should have flyers available to distribute to inner cities with high police presence. I’d certainly love to distribute flyers with this information throughout neighborhoods, especially barbershops and salons.

I am upset and confused by an encounter I had with the local Sheriff department on January 1st.. I was at a Movie with my 6 children and I had a Starbucks. Next thing you know an officer came and asked me to come with him. All my children the youngest being 5 remained in the movie. Their was an officer on each side and when we exited the room, their was a pile of theater staff standing in front of me. They were all talking at the same time. I said “I would like to comply I just do not understand what you want me to do” one officer said “why don’t you just throw away the coffee” so I turned to throw away the coffee and the other one said “We gave you 60 seconds to leave the establishment turn around you are under arrest”.

The officer was aggressive and injured my rotator cuff and no one was willing to let my childern even know where I was! they actually took me to the county jail for processing because I had a Starbucks in a theater! absolutely nuts. Well Me and my children were extremely traumatized. They went looking for me several times during the movie and the Galaxy cinemas employees would not tell them. My husband retreaved them and still no one at the Galexy cinemas would tell him what happened.

I walked with the officer to the car then I explained that I I can not understand what they are saying because I am hearing impaired and would he please face me so I could read his lips.. He refused. I said I need to get my children or you can get my children for me and he refused.

They detained me until after 10:00 PM and then let me go 3 miles from town and told me if I walked long enough I would find a pay phone. They never merandized me, allowed me to make a phone call, or let me call my lawyer.

Now I wish I would not have taught my children and students that the Sheriff and Police were good people who work hard to keep them safe. They are the bad people in my town apparently. Where can I take a complaint? The sheriff department refused to give me records and they refused to take my complaint with out the officers badge # and details I can only get from the records.

This may all be true and it would be wonderful to live in a world where you could politely state your rights to a police officer and go about your business unharmed. But any one of the above statements, however correct and polite they may be, is more than enough to get you severely beaten, charged with resisting arrest, and possibly sent to prison in Mississippi. Videos and recordings get lost, cops back up cops, and in Mississippi it doesn’t matter what color you are_ the cops are the biggest, most powerful gang and everyone else just tries to stay out of their way. (And from what I’ve been seeing on the news, we are far from the only ones with this problem)

As a criminal defense attorney in Minnesota, this is a really fun and interesting chart. It’s great to get people thinking about their rights and helping them understand what rights they have. That being said, each State is different (i.e. DUI roadblocks are unconstitutional under the Minnesota Constitution), and the laws are constantly changing (i.e. When the State can get a blood draw without a warrant).

These are some great basic starting blocks, but please reach out to an attorney in your state to find out any changes, or additional protections under your State Constitution. (Many fellow criminal defense attorneys are happy to discuss your rights, it’s why we do what we do)

I have something to say and I need some answers if you or anyone that is reading this statement can help I would be grateful and not forgetful. Ok here goes…I was arrested (not actually) I was told “Mr. Jackson we have a warrant for your arrest”. My response was ‘for what!?’ and of course their response was (as if surprised) “you don’t know?” I told them no, I just got home! what’s going on???? they said “you really don’t know?” again I told them “I just got home what happened?” they said well we’ll talk about it when we get to the station. At this point you can tell that I am very confused as well as concerned or afraid. I was handcuffed placed in the police cruiser and taken to jail booked and placed into a holding cell. (Now mind you I am trying to figure out what is going on; a lot of thoughts are going on in my head trying to get a grip on what just took place asking myself am I dreaming could this be a joke and at the same time I feel extremely anxious. So, finally the detective came and took me out of the holding cell to talk with me and again I am completely confused, and get this she (the detective) reads me my “Miranda” rights after I was booked in. I didn’t catch on until years later after reading up on some of the laws case logs of what should be done the first time the initial statement “I or we have a warrant for your arrest” before being handcuffed and taken off to jail. My 5th Amendment Miranda Rights were violated. Can anyone tell me what should be done, the first thing I should do in tackling this illegal action against me?

As long as no one questioned you before reading your rights, your rights were not violated. The only time the cops are absolutely required to read anyone arrested their rights right after arrest is on TV.

Sad thing is that we are required by law to tell the truth. Police officers are not required to tell the truth and use lies to get you to admit things, yet when they appear in our public schools they like to leave the impression to our children that they do tell the truth and the children can be depended on them for help. I think it is important to teach our children to keep their mouths shut and remember that the police are not their friends because they have the legal right to lie to you. Do your friends lie to you? I think not…….

While perhaps a bit overly suspicious and pessimistic, nothing he said is factually incorrect. Police are allowed to lie to you. They can be very helpful, but they’re not paid to be your friend – they’re paid to uphold the law. I would trust my children to get help from them, but I think also teaching them about their rights and the job of the police is a good idea.

I agree completely. I’ve taught my boy that he can always count on the police. I’ve heard of several encounters with the police, and one of my own, that prove otherwise! My son now knows the difference between what the police are supposed to be doing and what they are allowed and capable of doing. I hope if you do have children, that they listen to what you’re teaching them.

The chart states that in some areas you are required to produce ID. I believe that chart is out of date and those laws were voided by a Supreme Court ruling back in the 1970’s or 1980’s. There was even a docudrama/showpeice on it on one of the news magazine shows (dateline/60 minutes etc) . An Ivy League educated black male was used as bait by dressing down and walking through rich neighborhoods. There’d be calls to police or just patrolling squads that would stop him and demand ID. Naturally he wouldn’t carry any. This was done in many areas of the country. He nearly always was arrested(it was secretly filmed). The case worked their way through the system and were ruled unconstitutional.

If you were driving, for example, you are required to show ID. There are many situations where officers can require you to show identification: age restricted places, purchases, and activities, hunting, fishing, conducting business or any transaction with the government, when you are on probation or parole, when there is reasonable suspicion to temporarily detain you for the purposes of investigating whether a crime is occurring, and when you are being placed under arrest with probable cause, just to name a few common ones. Most of the time, the best advice is to be forthcoming and truthful about who you are, and for any questions that go beyond your own identity simply answer: “I want a lawyer before any further questions.”

Had my licence suspended cause I didn’t pay couple tickets in a state I don’t live in, even though I hadn’t had a ticket in my state in 15 years. Since I go to Costa Rica ever year, and already had a D/L there, I flew down and renewed it last year since I have residency there. Screw this police state. Go to Costa Rica, Nicaragua, and Panama and see the freedom we had in this country up to the early 70’s.

I got a question I’m in california and I got pulled over for looking at my phone and the officer gave me a ticket but I didn’t read it before signing it I guess I was nervous or something but the officer said him self that to tell the judge that I was just checking my phone and that my ticket might give me a point. But when I drove off and I start reading my ticket it said I was driving unsafe speed so what can I do with that? Or what should I do? And thanks in advance

“…refusal is an automatic, irreversible suspension of driver’s license.” A breathalyzer test is a form of search and is thus prohibited without a warrant. The Fourth Amendment embodies unalienable rights that cannot be taken, given or diminished in any way.

Tom – The issue is that, by accepting the state-issued driver’s license, you accepted the conditions it is issued under. By statute, one of those conditions is that you have implicitly consented to alcohol testing under specific conditions when using your license to operate a motor vehicle on public roads. Which is why the “implied consent” laws state that withdrawal of that consent voids the license – you have unilaterally rupudiated the agreement that you have consented to BAC checks when arrested for DUI or DWI, so the state withdraws the license. It is no different than individuals or companies that accept certain licenses or contracts to do particular business (gun makers and dealers, alcohol makers, restaurants, contractors doing government work, etc.) waive some of their 4th Amendment rights and have agreed to specific warrantless searches that would otherwise require a warrant. Note that in implied consent/BAC situations, withdrawing your consent is generally (I’m not going to pretend I know all laws in all states and territories by heart 🙂 ) NOT a crime – and they will need a warrant to test you without consent… But the state can and will withdraw THEIR side of an agreement you have already rejected.

What about someone that has No Liscence and Never had one…. can they become free from having a BAC test which would give the “driver” time to become ‘sober’ If they Were Drunk. How do the police deal with this ? I am asking about California. Thankyou…

If the officer asks you to get out of your car and walk back to his vehicle to complete “paper work”, do you have to get out of your vehicle? This happened in New Mexico after being stopped going 5 mi over the posted speed limit of 30 mph, just a few 100 ft from where the speed limit changed to 55 mph. We were followed several miles before being stopped. We were pulled over on a very busy highway. The officer even approached the vehicle on the passenger side. Why would he ask a senior driver to walk back to his car on a busy highway?

This happened to me in Arizona and I am disabled. I had to get out with my cane and walk along a very busy interstate (I could barely walk it was a very bad day for me.). When I removed my DL and insurance my handicapped parking permit was readily visible, and in retrospect I don’t believe the officer should have required me to get out of my vehicle and walk to his. I felt very, very unsafe, and I am wondering what I should have done and what I can do after the fact.

It’s all about one thing…..control. They – the police, the government, just want to control you. They don’t care about the constitution, your rights, or anything else.

Control and generate money for the local, county, and State. Why do you think they ignore speeders and pull over some schmo in the car poo,l lane who’s only got one person in the car? Their generating income. Much more than a speeder, a cell phone user or texter.

We allready lost the Constitution,Federal judges are untouchable,they can lie,they can discriminate, and do whatever they have the whim for,if you are not well connected or rich you have a snowballs chance in hell when it comes to legal matters!

Actually the supreme court recently held that not answering CAN be held against you. Your best bet is to ASSERT your fifth amendment rights right from the start, then you silence can’t be used against you.

Also a federal judge recently ruled on a 100 mile buffer zone around the entire US border. it a totally constitution free zone according to this wacko judge in NY.

My view on this is COOL! All US laws are based on the Constitution. Since the Constitution is not in effect where I live, Laws are not in effect where I live. Also the Constitution authorizes the federal government, so federal agents have no constitutional authority where I live.

Re the 100-mile zone — interesting idea! I drive a truck cross-country, and am frequently in the deep Southwest, where there are several Border Patrol check points, within 100 miles of Mexico. I’ll have to remember this!!

This is actually a pretty cool concept. If the Bill of Rights doesn’t protect me in this zone, doesn’t that mean LEO has in effect engaged in a unilateral abrogation of the constitutional authority to enforce…the Constitution? Immigration is a constitutional duty of the federal government at the border. If there’s no border at the border, what country’s law are they enforcing?

I know you would never win in a roadside confrontation using this but it just goes to show you what an absolute fantasyland TPTB have constructed. A place where the Constitution is not enforceable to protect you and me but gives them the authority to be federal agents.

This is not completely accurate. No state requires you to SHOW ID (e.g. a driver’s license) during detainment, but many require you to identify yourself. Often this is simply giving your name, date of birth, and home address verbally.

Of course, if you are driving, you can be asked for your driver’s license. Although used to identify you, the “reason” is to to determine if you are licensed to drive.

Also, in reference to recording: if referring to wiretap laws, these laws do not apply to a stop in public where there is no expectation of privacy, especially if you make it obvious you are recording. If recording secretly, just don’t say anything about it. I would say it is much better having it than not regardless of the law.

I can’t categorically confirm your statement but in Florida the obligation to produce identification is going to be pretty limited, as in the example you provided about operating a motor vehicle. Now there might be a further exception under the “loitering” statute as well, but that is pretty narrow and limited as well. In terms of providing your name however I think you do have such an obligation when questioned by a sworn law enforcement officer.

Cobb County Georgia State Court: No right to subpoena to obtain evidence, No right to trial by jury, No right to discover or depose a person who is material and relevant, No right to a continuance to gather evidence, Trial is in less time that prosecutor is required to respond – so prosecutor does not respond, illegal search without a warrant of a house is acceptable, simple recital of probable cause without any probable cause is acceptable with state court. Legitimacy is not part of their process, oh, and file an appeal, that requires a much higher political intervention – mostly that does not happen!

Great information thank you-remember the police/policy man is not a peace officer, they are there to enforce the statutes/laws of the corporate state that hired them, only the sheriff is a peace officer because the sheriff is voted in by the people and the sheriff takes his oath to uphold the constitution in the republic, so in my experience when I was pulled over I found out that you are actually teaching them or re-educating them about the real su juris law. Interesting! I am studying law

I gather firewood at a local lake. I did quite a bit of research on the legality of it. I could find nothing in any local, state or federal law making it legal or illegal. The closest thing I could equate it to is illegally mining of a natural resource. Long story short the first time I was stopped they told me the wood had no value therefore I was let go. The next day another cop stopped me and told me they were allowed to decide on what could and could not be done at the lake. I then pointed out that he was not part of the legislator but rather a part of the enforcement. He told me he just talked his supervisor and confirmed what he told me earlier. I responded respectfully that I really did not care what his supervisor told him, because it was not illegal. He got on the computer and searched for quite a while but could find no supporting documentation to back up his claims. Question. Was this the right or wrong approach on my part ?

This does not apply to black men, or puerto rican men or mexican men. This is what the law is “on paper.” The reality of the situation is very different. There is a reason the jails are filled with blacks and browns for non-violent drug crimes. And its not because of a pervasive ignorance of the law. White drug usage it essentially legal in America. Why? Racism and systematic injustice in the criminal justice system. From cops, prosecutors and judges. Cops are allowed to cherry pick who they will arrest and to ignore the civil liberties of blacks and browns. Prosecutors and judges then ignore the injustice done and in fact add to the problem by giving longer sentences to blacks and browns. This article is bs for blacks and browns. When we face cops, keep your mouth shut, hands where they can be seen, do not give any information other that your name, address and id. And do not attempt to resist and illegal search. Use common sense and survival skills.

La-Roy , I’m a hawnk . Please get this race garbage settled with facts . We are all in a damned mess here and the bastards that have engineered it have also made you a parrot . If we don’t stick together man , this same rant your able to print now will get you a gulag trip the same as I would for upholding the Constitution We all need to be different but together in an idea . I support to the death and have dodged bullets to prove it so you can say what you want . But use your mind , not what the arrogant controllers have done for you ? They are laughing all of the way to the bank and your house and want us all in their pocket . Don’t help them do it .

If you think what that man said is garbage; you are sadly part of the problem. He is addressing a concern that is true for people everyday who are unlike yourself. If you can step into another person’s shoes for once, maybe Congress and the people on the Supreme Court can change their tunes as well.

La Roi, you have some reason to point, but overall, is crap. Sure, more black/brown arrested for crack …. but more white are busted/in jail for meth…. it’s the problems within communities that drive arrests.

Sadly, you are correct. It is called “DWIB” (driving with black and/or brown). Just so you know that I am not in this group, I am a senior white woman. I am horrified to read accounts of brutality, bullying, etc. by our law enforcement agencies. Still, it never hurts to know the information no matter what color your skin.

La Roy, You’re right about the prisons being full of blacks and browns because they naturally gravitate towards illegal drug use and sales. Violent crime is part of their heritage. Every single black person knows several of their family and friends that are in jail or have been in jail usually because the white man set them up or white laws discriminate against them. Steph, Im sure you are horrified by the brutality the police need to use on this violent species. I am more concerned about the police using excessive force on anyone that offers no resistance other than their constitutional rights to defend themselves against a cop who thinks they can do whatever they want with no consequences. Once that problem is solved then we can start looking into DWBOB! Im really sick of hearing that. Worry about yourself first. I’m not going to put someones elses problem before mine. Only an idiot will do that.

Thank you for posting this…regretfully, the vast majority of the people are not informed of their rights when it comes to police stopping them for anything..It is also advisable to make no sudden or persistant hand gestures, talk loudly,or aggressively, or be alot taller than the cop…they get intimidated easily. I have the utmost respect for law,and order, but zero for cops who bully,abuse,lie,sneak,cheat and brutalize! They destroy the public’s trust of the police that MUST remain in place.

Is it ok to give to the Officer a copy of the IV Ammendment with a verbal statement: “Officer, I am complying with your orders pursuant to my rights protected by the 4th Amendment to the United States Constitution.”

In theory you are getting close to the truth. In practice, when the police lie, falsify police reports, plant evidence, etc., you are defenseless, even if you have video footage as they will destroy it as well and lie about it. Please, do you honestly think we have any rights in this country? We have corrupt cops, corrupt DAs, and corrupt judges. Even the Supreme Kangaroo Court of the land will not uphold the Constitution(Gitmo, Patriot Act, NDAA, FISA, etc). Add to that a complicit and bogus media who will discredit you in the court of public opinion long before your trial, and you can plainly see that this is NOT a free country and we are not under a rule of law of decent men. The best advice is to avoid the legal system at all costs, never dial 911, or better still would be to leave the country.

My opinion, and that’s ALL it is, as I don’t know MS laws well, is that they’re fishing. They’re hoping to find someone without insurance to cite them.

My opinion, just that, would be to ask “am I being cited or arrested?” If the answer is “no”, then say “respectfully, you have no right to see them, unless you can articulate probable cause or produce a warrant”, then ask to leave.

I think TexasJester is not quite right, with due respect. They’re not trying to find someone without insurance, they’re trying to use the insurance stop to see what BIGGER OFFENSE they can pin on you. If you don’t have insurance they might tell you if they can look in your trunk they’ll forget the ticket, just promise to get insurance…of course, that’s a total lie. And if you have something like a slim jim or pipe that they could interpret as burglary gear, now you’ve really stepped in it.

I think constitutionally, an insurance stop would be questionable since there is no possibility of public safety if you are in violation. Not being able to pay someone for the damage you’ve caused their car is a civil, not criminal offense.

I think a lot of the small time stops are just to give them a reason to stick their head in your car, smell the atmosphere, look on the back seat for contraband or to make you nervous enough to say your behavior was reasonable articuable probable cause for more investigation. Don’t give it to them. Minimum interactions, take the ticket if you don’t have insurance and shut up. Don’t be dumb enough to try to deal with The Man on a stop…YOU WILL LOSE.